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| Andrews v. State, NO. 2005-CP-00899-COA,
COURT OF APPEALS OF MISSISSIPPI, September 5, 2006, Decided
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Overview: Trial court properly dismissed the inmate's motion for postconviction relief because the record clearly indicated that the inmate's decision to enter into the plea agreement was knowing and voluntary and was not based upon any undue coercion from the inmate's attorney. Challenge to the sufficiency of the indictment was without merit.
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| Binswanger Mirror v. Wright, NO. 2005-WC-01915-COA,
COURT OF APPEALS OF MISSISSIPPI, September 5, 2006, Decided
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Overview: As medical testimony established that an employee suffered from bilateral carpal tunnel syndrome and a vocational expert testified about the difficulty the employee would have in finding other work, the employee met his burden of proving a disability under Miss. Code Ann. § 71-3-3.
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| Burdsal v. Marshall County, NO. 2005-CA-01085-COA,
COURT OF APPEALS OF MISSISSIPPI, September 5, 2006, Decided
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Overview: In the County's claim that the gravel road at issue was a public road, it was error for the trial court to consider independent testimony from individual members of the County Board of Supervisors. Disregarding the improper evidence, the County had not proved that their use of the road had been exclusive, continuous, and uninterrupted for 10 years.
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| Cooper v. Miss. Dep't of Rehab. Servs., NO. 2005-WC-00980-COA,
COURT OF APPEALS OF MISSISSIPPI, September 5, 2006, Decided
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Overview: In a worker's compensation matter, trial court did not err in affirming Mississippi Workers' Compensation Commission's decision to deny employee benefits because employee's claim was time barred, under Miss. Code Ann. § 71-3-35(1); she and her doctors first knew her allergies were work-related more than two years before she filed a claim.
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| Gross v. State, NO. 2005-KA-01142-COA,
COURT OF APPEALS OF MISSISSIPPI, September 5, 2006, Decided
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Overview: Sufficient evidence supported defendant's conviction for possession and manufacture of illegal substances where rational jury could have found the dominion and control needed to show constructive possession by defendant were present. Jury instruction given was sufficient and accurate statement of the law regarding constructive possession.
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| Harris v. State, NO. 2004-KA-02328-COA,
COURT OF APPEALS OF MISSISSIPPI, September 5, 2006, Decided
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Overview: In defendant's murder trial, trial court did not err in refusing to exclude child's testimony pursuant to Miss. R. Evid. 615 because there was no reason to believe that child's mother, who was also a witness, discussed testimony with child. Trial court also did not err in denying JNOV or new trial because evidence was sufficient to support verdict.
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| In the Interest of L.C.A., NO. 2005-CA-00242-COA,
COURT OF APPEALS OF MISSISSIPPI, September 5, 2006, Decided
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Overview: Adjudication of the juvenile as a delinquent was affirmed because there was sufficient evidence, pursuant to Miss. Code Ann. § 43-21-105 when the juvenile's conduct would have supported a conviction for disorderly conduct. Error in apprising the juvenile of his rights under Miss. Code Ann. § 43-21-557 was harmless when the juvenile had counsel.
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| Joiner v. Phillips, NO. 2005-CA-00923-COA,
COURT OF APPEALS OF MISSISSIPPI, September 5, 2006, Decided
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Overview: Because a patient knew of her injury the date her exploratory surgery occurred, the discovery rule did not apply to toll the running of the statute of limitations in Miss. Code Ann. § 15-1-36.
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| Robinson v. Cook (In re Conservatorship of Cook), NO. 2004-CA-02303-COA consolidated with NO. 2005-CA-00395-COA,
COURT OF APPEALS OF MISSISSIPPI, September 5, 2006, Decided
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Overview: In a case in which elderly mother had granted significant financial benefits to her son, substantial evidence supported chancellor's decision upholding the gifts. Son rebutted presumption of undue influence by clear and convincing evidence. Mother's attorney verified that mother wanted to give complete control of her assets to her son.
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